IN RE A.V.B.I., INC.

Bankruptcy No. LA 91-68607.

143 B.R. 738 (1992)

In re A.V.B.I., INC., a California Corporation dba Alpine Village Brewing Company, Debtor.

United States Bankruptcy Court, C.D. California.

July 29, 1992.


Attorney(s) appearing for the Case

Dennis McGoldrick, Gardena, Cal., for debtor.

Marcy J.K. Tiffany, Los Angeles, Cal., U.S. Trustee.

Robert W. Beck, Torrance, Cal., Stephen E. Smith, Danning, Gill, Gould, Diamond & Spector, Los Angeles, Cal., for Dr. Burke.


OPINION DENYING CONFIRMATION OF PLAN

LISA HILL FENNING, Bankruptcy Judge.

I. Introduction

The key issue in this bitter confirmation battle is whether, as a matter of law, a plan providing for current shareholders to retain an option to purchase new equity in the reorganized debtor violates the "absolute priority" rule under 11 U.S.C. Section 1129. To exercise that option, holders of old equity are required to contribute cash to fund the plan...

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